Joe McHugh (Donegal North East, Fine Gael)
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Question 493: To ask the Minister for Justice, Equality and Law Reform if there are plans in place to provide Garda cars with the necessary equipment to test drivers for drug driving; and if he will make a statement on the matter. [29382/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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When a member of the Gardaí suspects that a motorist is driving under the influence of any intoxicant the Garda may arrest the suspect under Section 49 of the Road Traffic Act 1961, and may require that person to go to a Garda station and submit to a blood test or to provide a urine sample. An intoxicant includes alcohol, drugs or any combination of drugs or of alcohol and drugs. Identification of the presence of drugs is more complex than for alcohol and unlike alcohol there is no legal limit for drugs.

The Department of Transport has responsibility for Road Traffic legislation. The Medical Bureau of Road Safety which comes under the aegis of that Department is responsible for the approval, supply and testing of apparatus for indicating the presence of alcohol in the breath. While at this time there is no legislative provision for the approval, supply and testing of apparatus for indicating the presence of drugs at a meeting of the Pompidou Group of the Council of Europe in Strasbourg in July 2006, representatives from all over Europe addressed the issue of random drug testing of drivers at the roadside in the light of the most up to date developments throughout this region. The Medical Bureau of Road Safety and An Garda Síochána participated in that seminar, which concluded that there is currently no device considered to be reliable enough in order to be recommended for roadside saliva screening of drivers for drugs. I am informed that the Medical Bureau of Road Safety is keeping abreast of developments in this area and will continue to monitor the development of reliable devices. The new Road Safety Strategy 2007-2012 which was approved by Government and published in October contains a commitment to review legislation on the issue of driving under the influence of drugs.